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Legislation #: 910194 Introduction Date: 2/21/1991
Type: Ordinance Effective Date: 6/16/1991
Sponsor: COUNCILMEMBER SHARP
Title: Amending Chapter 39, Code of General Ordinances, commonly known as the Zoning Ordinance, by repealing Section 39.212 (Conditional Uses-Limited Time) and enacting in lieu thereof a new section of like number and subject matter to provide for certain conditions for open-face quarries, sand or gravel pits.

Legislation History
DateMinutesDescription
6/6/1991

Waive Charter Requirements City Council

5/30/1991

Waive Charter Requirements City Council

2/22/1991

Referred Plans And Zoning Committee

2/27/1991

Referred To Department City Plan Commission

4/16/1991

Return From Department Plans And Zoning Committee

4/22/1991

Advertise

5/15/1991

Hold On Agenda

5/22/1991

Hold On Agenda

5/29/1991

Do Pass as a Committee Substitute

5/30/1991

Assigned Third Read Calendar as Substituted

6/6/1991

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 910194

 

Amending Chapter 39, Code of General Ordinances, commonly known as the Zoning Ordinance, by repealing Section 39.212 (Conditional Uses-Limited Time) and enacting in lieu thereof a new section of like number and subject matter to provide for certain conditions for open-face quarries, sand or gravel pits.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 39, Code of General Ordinances, commonly known as the Zoning Ordinance, by repealing Section 39.212 (Conditional Uses-Limited Time) and enacting in lieu thereof a new section of like number and subject matter, to read as follows:

 

Section 39.212. Conditional Uses - Limited Time.

 

A. The conditional uses set forth in this Section shall comply with the height, yard, area and parking regulations of the use district in which such conditional uses are authorized, except as otherwise provided. Such conditional uses may be authorized by the Board of Zoning Adjustment for a limited time subject to the conditions and restrictions listed in this Subsection.

 

B. The following uses may be permitted in the districts designated, where otherwise not permitted, by permission of the Board of Zoning Adjustment on submittal of a plan by the applicant, provided that in the judgment of the Board, such use will not materially injure the appropriate uses of adjoining property, and will conform to the general intent and purpose of this Chapter, including the requirements for off-street parking and loading facilities, and only after a public hearing and after receiving the report and recommendation of the Director of City Development.

 

The Director shall report as to whether or not any use to be permitted under this Subsection is compatible with the plan for the development of the City used as a guide by the Director of all matters referred to him. After a review of the plans, the Director may make such recommendations for additional conditions as he may deem appropriate. The Director may file a report with the Board within thirty (30) days of receipt of the application and plan, or within thirty (30) days of any requested amendment thereof.

 

(1) CARNIVALS, CIRCUSES, FIESTAS AND STREET FAIRS, when

sponsored by religious, philanthropic or community

organizations for a specified limited time only in

Districts R-1, RA, R-2, R-3, R-4, R-5, C-1, C-2 and

C-3.

 

Carnivals and circuses are first allowed outright

in District M-1, Section 39.180 (See Sections 5.67

to 5.76, Code of General Ordinances, for additional

requirements for these uses).

 

(2) CHILDREN'S GROUP HOME FACILITY as a residential

facility for the care of children who, upon

completion of a course of treatment in a facility

which provides an extensive treatment program for

children with disabling emotional disturbances, in

need of an interim structured living situation to

allow for their resocialization and reintegration

into community living, or for a group of

developmentally disabled children in Districts R-1,

RA, R-2, R-3, GP-4, GP-5, GP-6, GP-7 and GP-8.

 

(Group Home Facilities are permitted outright

in District R-4, Section 39.080). A Group Home

Facility shall be subject to the following

conditions and restrictions:

 

(a) That the maximum number of persons in a

facility shall not exceed ten (10) children

and two (2) resident staff members.

 

(b) That the facility shall provide off-street

parking in the ratio of one (1) space per

every four (4) children and one (1) space per

every resident staff member.

 

(c) That the parking shall be adequately paved and

screened from adjoining properties.

 

(d) That the facility shall be a secondary

facility operated and maintained by a facility

which provides intensive treatment for

children with disabling emotional disturbances

or a contract facility wherein the children

remain under the jurisdiction of the County

juvenile system or the State Division of Youth

Services or a facility operated for

developmentally disabled.

 

(e) That the property shall have a minimum lot

area of 10,000 square feet.

 

(f) That there shall be a minimum building size of

two hundred fifty (250) square feet per

resident and resident staff.

 

(g) That there shall be no exterior evidence of

such a use and that there shall be no sign

advertising the nature of the use.

 

(h) That the facility shall not be used as a

residence for substance abusers or ex-

offenders.

 

(i) That at the time of original approval no

facility shall be located within one thousand

(1,000) feet of another such facility or of a

halfway house (Section 39.212.B.4), a

convalescent home, a children's nursery or a

group day care home; provided, however, that

the Board shall have the authority to waive

this requirement, provided that the facilities

are separated by a major thoroughfare,

railroad track, major waterway or other

comparable man-made or natural barrier.

 

(j) That the residential character of the

structure shall be maintained.

 

(k) That the applicant shall demonstrate that

there is not a negative impact on property

within five hundred (500) feet of the proposed

facility and that such facility will maintain

the residential character of the neighborhood.

 

(l) That the permit shall be limited to a two-year

period but may be renewed by the Board after a

public hearing; provided that in any request

for renewal the applicant shall demonstrate

that the character of the neighborhood has

been maintained, that there has been no

negative impact upon properties within five

hundred (500) feet, and the facility has been

maintained in accordance with the standards

established by Chapter 20, the Property

Maintenance Code.

 

(3) GUN CLUBS, SKEET OR TRAP SHOOTS AND TARGET AND

ARCHERY RANGES, when located on land at least two

(2) acres in size in Districts RA, M-1, M-2 and

M-3, for a period of five (5) years and renewable

by the Board after public hearing. (See Section

26.183, Code of General Ordinances, for regulations

concerning police permits for these uses.)

 

(4) HALFWAY HOUSES for the rehabilitation of drug

addicts, alcoholics, prisoners, or juvenile

delinquents considered substance abusers in any

district except R-1, GP-7, and GP-6, subject to the

following conditions:

 

(a) In districts R-2, R-3, R-4, R-4-O, R-5, R-5-O,

R-6, GP-5 and GP-4, one (1) parking space per

every four (4) residents including staff

residents; in all other districts one (1)

parking space per every ten (10) residents,

including staff residents.

 

(b) Paving and screening of the parking area as

required by Section 39.444.

 

(c) In Districts R-2 and R-3, minimum lot area of

10,000 square feet.

 

(d) In Districts R-2 and R-3, no more than twelve

(12) residents (including resident staff).

 

(e) In District R-4, R-4-O, and GP-5, seven

hundred (700) square feet of lot area per

resident; in districts R-5, R-5-O, R-6 and

GP-4, five hundred (500) square feet of lot

area per resident; in all other districts, no

minimum lot size required.

 

(f) No exterior evidence of such use and no sign

advertising such use.

 

(g) In Districts R-4, R-4-O, R-5, R-5-O, R-6, GP-5

and GP-4 there shall be a minimum building

size of two hundred fifty (250) square feet

per resident and resident staff; in all other

districts, one hundred (100) square feet of

floor resident and resident staff.

 

(h) At the time of original approval, no facility

shall be located within one thousand (1,000)

feet of another such facility, or a group

home, or a convalescent center, or a

children's nursery or boarding home, or a

group day care home, if either facility is

located in any residential district (R-2, R-3,

R-4, R-4-O, R-5, R-6, GP-5 or GP-4); provided,

however, that the Board of Zoning Adjustment

shall have the authority to waive this

requirement if the facilities are separated by

a major thoroughfare, railroad track, major

waterway or other comparable man-made or

natural barrier.

 

(i) That the facility shall maintain the

residential character of the structure.

 

(j) The applicant shall demonstrate that there

shall be no negative impact on property within

five hundred (500) feet of the proposed

facility and that the residential character of

the neighborhood shall be maintained.

 

(k) The permit shall be limited to a two-year

period but may be renewed by the Board after a

public hearing; provided, however, at the time

of renewal, the applicant shall demonstrate

that the facility has not had a negative

impact on properties within five hundred (500)

feet, that the residential character of the

neighborhood has not be impaired, and that the

facility has complied with the provisions of

Chapter 20, the Property Maintenance Code.

 

(5) MINIATURE CARS AND MINIATURE TRAINS not operated

commercially in Districts R-1, RA and R-2 for a

period of five (5) years and renewable by the Board

after public hearing.

 

Miniature trains are first allowed outright in

District C-2, Section 65.140.

 

(6) OPEN-FACE QUARRIES, SAND OR GRAVEL PITS for the

purpose of removing, screening, crushing, washing,

or storage of clay, stone, gravel or similar

materials in District RA, subject to the following

conditions:

 

(a) Quarry operations shall be located on property

abutting or adjacent to a freeway, expressway

or primary or secondary arterial as depicted

on the Major Street Plan, and all access shall

be from a street capable of handling the

expected highway loads of heavy vehicular

traffic. In order to determine the capability

of such street, the applicant shall submit a

traffic study assessing the impact of that

quarry operation and a structural analysis of

the street certified by a registered

professional engineer as to the capacity of

such street.

 

(b) All quarry activity shall be located so as to

minimize the adverse impact upon surrounding

properties.

 

The Board may impose such conditions as to

operation, site development, signs, times of

operation or any other matter as may be deemed

necessary in order that such use shall not

materially injure or curtail the appropriate use of

neighboring property, shall not jeopardize the

public health, safety and welfare, and does not

violate the general spirit or intent of the zoning

ordinance.

 

Rock-crushing and quarrying are allowed as a

special use in District M-2, Section 39.190.

Provision shall be made for the preservation or

restoration of the ground surface and cover and

such provision shall be shown on the plans

submitted to the Board.

 

Permit shall not exceed five (5) years but may

be renewed by the Board after public hearing.

 

(7) REFUSE DUMPS in Districts RA, M-1, M-2 and M-3,

excluding demolition debris landfills, for a period

not to exceed five (5) years and renewable by the

Board after public hearing, subject to the

following conditions:

 

(a) The applicant shall submit an application to

the Board of Zoning Adjustment for approval of

such refuse dump; said application to contain

such information as established by the Board,

including but not limited to:

 

(1) Ownership of the property.

 

(2) Plan of the property drawn to scale

showing legal description, boundary of

property, boundary of proposed dump,

existing topography, existing easements,

access and any watercourses or drainage

systems.

 

(b) Upon filing of an application, the Director of

City Development shall furnish copies of said

application to the following departments: Fire

and Public Works. Each of these departments

shall make the necessary investigation to

determine the feasibility of the site, and

shall make written recommendations to the

Board of Zoning Adjustment prior to the public

hearing on said application.

 

(c) Any application approved by the Board of

Zoning Adjustment shall be subject to the

following conditions:

 

(1) The refuse dump shall be properly

protected from use by anyone other than

the applicant, or his authorized agent,

and it shall be the applicant's sole and

exclusive responsibility for maintenance

and care of the area used as a refuse

dump.

 

(2) All refuse dumps shall be compacted by

the use of machines for this purpose if

so required by law.

 

(3) All refuse dumps shall be operated so as

not to violate any existing City

Ordinance, Missouri State Statutes, or

Federal laws relating to the health,

safety or general welfare of the

inhabitants of the City, and shall not

encroach upon the environment on any

waterways, atmospheric content or visual

phenomena, and shall be in harmony with

surrounding lands within the

neighborhood.

 

(8) DEMOLITION DEBRIS LANDFILLS in any district of the

City subject to the following terms and conditions:

 

(a) A demolition debris landfill is defined as a

place designated for the disposal of used

building materials resulting from the

demolition, site clearance of waste materials

from the construction of buildings or

structures.

 

(b) Used building material is any and all material

requiring disposal resulting from the

demolition, site clearance, or construction of

buildings, but shall not include refuse,

trash, garbage or any other material

specifically designated in other Ordinances of

the City to be disposed of in any other type

landfill.

 

(c) The applicant shall subject an application to

the Board of Zoning Adjustment for approval of

such demolition debris landfill site; said

application to contain such information as

established by the Board, including, but not

limited to:

 

(1) Ownership of the property.

 

(2) Plat of the property drawn to scale

showing legal description, boundary of

property, boundary of proposed fill,

existing topography, finish topography,

existing easements, access and any

watercourses or drainage systems.

 

(d) Upon the filing of an application, the

Director of City Development shall furnish

copies of said application to the following

departments: Fire and Public Works. Each of

these departments shall make the necessary

investigation to determine the feasibility of

the site and its proposed use, and shall make

written recommendations to the Board of Zoning

Adjustment prior to the public hearing on said

application.

 

(e) Any such application approved by the Board of

Zoning Adjustment shall be subject to the

following conditions:

 

(1) The demolition landfill shall be properly

protected from use by anyone other than

the applicant and it shall be the

applicant's sole responsibility for

maintenance and care of the landfill

area.

 

(2) All demolition landfills shall be

compacted by the use of machines for this

purpose as the fill is introduced into

the landfill area.

 

(3) All demolition landfills shall be

operated so as not to violate any

existing City Ordinances, Missouri State

Statutes or Federal laws relating to the

health, safety or general welfare of the

inhabitants of the City, and shall not

encroach upon the environment by

encroachment on any waterways,

atmospheric content or visual phenomena,

and shall be in harmony with surrounding

lands within the neighborhood.

 

(4) At such time as the landfill reaches the

finished topography as approved the final

twelve (12) inches shall be earth cover

and shall be properly graded and seeded

by the applicant.

 

(f) The approval by the Board of Zoning Adjustment

shall be for a specified period of time to be

established by the Board but not to exceed

five (5) years from the date of approval.

Extensions of the specified period of time may

be granted upon application to and hearing by

the Board.

 

(g) The applicant shall cause to be recorded in

the proper county recorder's office approval

of all demolition landfills granted by the

Board and provide the Secretary of the Board

with the recording information.

 

(h) Regulation and Inspections: The Director of

Public Works shall make such rules and

regulations pertaining to the operation of the

demolition debris landfill so as to accomplish

the purpose and intent of this Ordinance and

approval by the Board of Zoning Adjustment.

Employees of the City shall have the right to

enter upon the site to make all reasonable

inspections. If the applicant is found to be

in violation of the provisions of this

Section, written notice shall be given to the

applicant by the City citing said violations

and allowing applicant fifteen (15) days to

correct said violations. Should violations

continue beyond said time, the City will

institute proceedings for a public hearing

before the Board of Zoning Adjustment for

revocation of said permit.

 

(9) RIDING STABLES AND TRACKS, in Districts R-1, RA,

R-2, C-1, C-2, C-3, M-1, M-2 and M-3.

 

Pony rings are allowed in District CP-2,

Section 65.110 and District C-2, Section 65.140.

 

 

Section B. That the Council finds and declares that before taking any action on the proposed amendment hereinabove, all public notices and hearings required by the Zoning Ordinance have been given and had.

 

_____________________________________________

 

 

I hereby certify that as required by Chapter 39, Code of General Ordinances, the foregoing ordinance was duly advertised and public hearings were held.

 

___________________________________

Secretary, City Plan Commission

 

Approved as to form and legality:

 

 

___________________________________

Assistant City Attorney